Presenter: Charisa Smith, Esq' JustChildren Program,

1
Coming Home A Brief Look at Reentry Issues for
Virginia Families

• Presenter Charisa Smith, Esq. JustChildren
  Program,
• Legal Aid Justice Center

2
Overview of Presentation

• Mission Statement of JustChildrens Reentry
  Program
• Background Best Practices in Juvenile Reentry
• What is Involved in Successful Reentry for My
  Loved One?
• Legal Rights to Successful Reentry
• JustChildrens New Reentry Program
• The Effects of a Juvenile or Criminal Record
• Signs of Progress
• What Can I do?

3
List of Handouts

• Reentry Plans by AIM (1 Blank and 1 Sample)
• 3 Rs of Reentry
• Education / Job Training Handout
• Virginia Dept. of Education Reenrollment Timeline
• Healthy v. Unhealthy Relationships / Relapse
  Prevention
• The Effects of a Juvenile or Criminal Record
• Questionnaire for JustChildren Reentry Clients
• AIM Needs Assessment Interview
• Your Rights and the Police

4
Mission Statement of JustChildrens Reentry
Program

• Young people returning from confinement in
  Virginia are in a unique position. They are
  reentering communities that need them to be
  leaders, workers, students, and active
  participants in civic life, policy-making, and
  family-building. Yet, these youth have been
  separated from such communities. Re-integrating
  youth need each individual in their family,
  community and government to extend a welcome
  back through educational reenrollment,
  vocational training, mentorship, recreational
  service provision, leadership development, and
  absolute necessities like housing, mental and
  physical health care, and family love.

5
Mission Statement of JustChildrens Reentry
Program, continued

• Re-integrating youth are complex individuals, and
  they deserve to have all their needs addressed in
  a comprehensiverather than piecemealway. Given
  adequate support, re-integrating youth can prove
  themselves an asset to both self and society.
  This program aims to give such youth the legal
  and social assistance, faith, inspiration, and
  tools to show their promise. Ultimately, this
  program also seeks too assure that incarcerated
  youth receive a comprehensive aftercare plan at
  DJJ intake, and to decrease the number of
  juvenile offenders in Richmond.

6
Background Best Practices in Juvenile Reentry
7
Background Best Practices in Juvenile Reentry,
continued

• Friendships with positive peers and adults help
  our youths mental health and adjustment.
• With a solid, comprehensive reentry plan,
  juvenile offenders tend to stay away from future
  crime. An investment in juvenile reentry is
  therefore a clear investment in crime prevention.
  
• Reentry planning saves the public money that
  would otherwise be spent on incarcerating youth
  later, or on supporting them when they have not
  achieved independence in adulthood. 
• (MacArthur Network Reentry Talking Points)

8
Background Best Practices in Juvenile Reentry,
continued

• Promoting youth development as a juvenile
  justice strategy stops youth from crime. Youth
  development includes programs that concentrate on
  improvements in education, social skills,
  employability, leadership and other life skills,
  to stress the youths positive qualities.
  (Bazemore and Terry, 2001)  
• Assure that youth are enrolled in school upon
  reentry.
• Involve families and community-based service
  providers in reentry planning.
• Assure that all aspects of development are
  addressed in the reentry plan.
• (MacArthur Network Reentry Talking Points)  

9
Background Best Practices in Juvenile Reentry,
continued

• Reentry should begin with connections made while
  the youth is still incarcerated. Ideally,
  services parallel to reentry services would be
  provided in correctional facilities. (OJJDP,
  Childrens Law Center of MA)
• Reentry should be a comprehensive process.
  Select parts of the process should not be
  separated, yet roles and responsibilities among
  agencies should be clearly defined.
  (JustChildren, OJJDP)
• Reentry services should be individualized,
  culturally sensitive, flexible, developmentally
  appropriate for each youth, and take available
  community resources into account (OJJDP).
  Reentry services should be driven by goals and
  plans of the youth and youth should be highly
  involved in their own reentry program.
  (Childrens Law Center of MA, Connect for Kids)

10
Background Best Practices in Juvenile Reentry,
continued

• Referring re-integrating youth to evidence based
  services (such as Multi-Systemic Therapy (MST),
  Functional Family Therapy (FFT), Life Skills
  Training (LST), Big Brothers Big Sisters of
  America (BBBS), and Aggression Replacement
  Therapy (ART)) is crucial. (WA State Dept. of
  Social Health Services Univ. of CO Center for
  the Study and Prevention of Violence (CO CSPV))
• Contact levels between re-integrating youth,
  support staff, and supervising staff should be
  high at first. (See above cite, WA OJJDP JISP
  of NJ)
• Caseloads of parole officers, probation officers,
  and aftercare workers should remain small for
  effective programming. (OJJDP)
• Use of positive incentives and graduated
  consequences is advised. (OJJDP Ibid., WA)
• Treating the entire family as the intervention
  unit works best. (Ibid., WA CO CSPV, JISP of
  NJ)

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Background Best Practices in Juvenile Reentry,
continued

• Keep in mind the young persons level of
  resistance and attempt to bargain with him/her
  rather than attempting to coerce participation.
  (JustChildren)
• The Balanced and Restorative Justice approach
  is effective in reentry programs. (OJJDP, Youth
  Law Center, Justice Policy Institute)
• The large and small business community can be
  strong allies for reentry programs. (Former VA
  Governer Mark Warner, JISP of NJ, Our Piece of
  the Pie (CT))

12
When young people get in trouble and spend time
in confinement, they will need help straightening
things out.

• Reentry programs help youth make the most of the
  second chance that they deserve.

13
What is Involved in Successful Reentry for My
Loved One?

• Successful program completion
• (Families must press DJJ to make
• sure mandated/required programs
• are able to serve their loved one. Youth have
  been held longer than their LOS simply because
  there werent enough slots in a DJJ program.)
• Good behavior in the facility.
• Awareness of jealousy and sabotage on the ward
  (Thanks to Eileen Grey for insight).

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Successful Reentry for My Loved One, continued
(SEE SAMPLE REENTRY PLANS)

• Juveniles need a reentry plan to help them
• Reenroll back in school
• Receive continuing mental and
• physical health care
• Obtain and keep housing
• Obtain forms of identification
• Get vocational training, college preparation,
  and/or employment
• Become financially independent
• Find transportation
• Find mentors, positive peer groups, and other
  social supports
• Improve family relationships
• Create positive leisure time
• Develop their personal emotional well-being

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Successful Reentry for My Loved One, continued

• Awareness about how difficult with starting over
  can be
• Choices, choices!
• Coping with seeing people you lost touch with
• Trusting family to keep you safe again
• Willingness to accept adults authority at home,
  on job, at school
• Families ability to stop blaming selves for
  youths problems
• Willingness to improve family relationships
• Behavior change cant last without values change
• Everyone must take ownership of own behavior, own
  change, and future responsibility, but not harp
  on blame
• Apologies mean a lot
• See visits home as practice, educate the system
  on this
• (Institute for Family Centered Services VA,
  2007)

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Legal Rights to Successful Reentry

• Re-enrollment Planning (SEE REENROLLMENT
  TIMELINE) As of January 2006, youth from Juvenile
  Correctional Centers are entitled to
  re-enrollment planning during incarceration, and
  to re-enrollment in school within 2 school days
  after release. 8 VA Administrative Code (VAC)
  20-660-40.
• JustChildren helped create these regulations
• Transition Team and Reenrollment Team must
  meet to create a plan for youths reenrollment.
• Records must be transferred on time.
• These meetings often do not take place, and many
  people in the system do not know about these
  regulations. At the minimum, you should require
  that Treatment Team members, transition
  specialists, and p.o. engage in reenrollment
  assistance.
• Some type of weekly counseling for your youth is
  REQUIRED by the regulations, after the youth
  reenrolls. Insist that counseling is provided.

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Re-enrollment Planning (SEE REENROLLMENT
TIMELINE)

• Confidentiality of youths records must be kept.
• Youth and family must be considered in the
  drafting of Reenrollment Plan.
• Go to the bottom right hand side of
  http//www.doe.virginia.gov/VDOE/studentsrvcs/
  for a sample Reenrollment Form (Plan).

18
Legal Rights to Successful Reentry, continued

• Mental Health Transition Planning Youth
  receiving mental health treatment in a DJJ
  facility may be entitled to receive mental
  health services transition planning and
  treatment back in the community. 8 VAC 35-180-10
  et seq. (These regulations are scheduled to be
  final in December 2007).
• JustChildren helped create these regulations.
• Facilities will review cases 90 days before
  release, to see if youth are eligible.
• Youth, family, mental health professional, and
  facility staff are included in drafting a plan.
• Plan will be developed at least 30 days before
  release, including applications for funding for
  services. (JustChildren thinks this should be
  done well before 30 days pre-release).
• Plan will be reviewed every 90 days after youths
  release.

19
Legal Rights to Successful Reentry, continued

• Work Release The VA Administrative Code has
  regulations about juvenile work release programs.
  Natural Bridge had a pilot program, and now DJJ
  is expanding. Youth worked in local restaurants,
  car repair shops, and other businesses. See
  JustChildren to find out more about juvenile work
  release opportunities. 6 VAC 35-190-10 et seq.
• Work release can be valuable for youth and can
  assist reentry.
• NOTE There is no affirmative right to work
  release, but families can press for these
  opportunities.

20
Legal Rights to Successful Reentry, continued

• Post-dispositional detention programs Some
  local detention centers have programs where youth
  can stay after their term in a JCC. They go to
  these centers to learn how to cope with life in
  the community. They connect with community
  services. They prepare for reentry.
  JustChildren can help find out if there is such a
  program in your area. There are limited slots.
• Beaumont transitional cottages DJJ is still
  working on cottages at Beaumont which will be a
  step down to reentry. Rules will be relaxed
  and youth will connect with community resources.
  However, they will still be at Beaumont, most
  likely far from their families and home. There
  are limited slots.

21
Legal Rights to Successful Reentry, continued

• Transitional Parole Officers In Richmond,
  Petersburg, and Fredericksburg, there are special
  parole officers that work with youth 60-90 days
  before release. They meet with youth weekly and
  prepare for their reentry. These officers have a
  limited caseload.
• Special Education Entitlements Youth with
  special ed needs have the right to attend public
  school or college until age 21, paid by the
  state. IEP meetings and special ed Transition
  Meetings are great ways to prepare for reentry.
  Insist on an IEP meeting before (and after) your
  youth is released. Release is a change in
  placement.

22
Legal Rights to Successful Reentry, continued

• NOTE Best practices shows that separating
  parts of the reentry process (like school
  reenrollment and mental health transition) is not
  the best way to go. See JustChildren for ways
  you can help change this.

23
JustChildrens New Reentry Program,The Need

• Young people returning from Virginias Juvenile
  Correctional Centers (JCCs) have usually made
  significant progress. Virginia (DJJ DCE)
  spends at least 100,707 per year to incarcerate
  each youth. Most young people who become
  incarcerated return to their communities while
  they are still young.
• Surprisingly, a similar investment to the
  investment made in incarceration has NOT been
  made in juvenile reentry. Research shows that
  without a solid, far-reaching plan to help them
  transition back to their community, these
  childrens progress may be wasted, and the
  children may be tempted to commit future crimes.

24
JustChildrens New Reentry Program,The Program

• Advocating for sound city and state-wide
• juvenile reentry policies.
• Taking the cases of youth reentering the Richmond
  community and helping them plan for, and achieve,
  reentry.
• Helping formerly incarcerated youth tell their
  stories.

25
JustChildrens New Reentry Program,Key Goals

• To help Richmond develop a best practices
  approach to reentry.
• To help previously incarcerated juveniles
  successfully reenter Richmond.
• To promote community reentry Welcome Centers,
  as other cities and states have done.
• To involve community-based and faith-based
  organizations in JustChildrens advocacy work.

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Why are reentry programs so important?
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Because of the Effects of a Juvenile or Criminal
Record (SEE THE HANDOUT)

• 1 in 5 Americans has a criminal history. Most
  youth get in trouble at least once. Juveniles
  found delinquent have NOT been convicted of a
  crime and can answer NO to that question. A
  juvenile court proceeding is a civil, not a
  criminal, proceeding.
• Who has access to my childs juvenile court file?
  Juvenile court records are generally
  confidentialprotected from the public and
  press. But courts balance the potential harm
  caused to a juvenile with the publics right to
  access information.
• When juvenile records are not confidential 1.
  Where public interest requires, a juveniles
  name and address, the nature of the crime, are
  exposed for certain serious crimes. 2. Where
  public safety requires, law enforcement can get
  any information on a gang-related activity from
  an investigation of a juvenile. 3. Social,
  medical, and mental health records are open to
  certain public employees, the juveniles
  guardian, the juvenile (if age 18), and others
  with a legitimate interest. 4. For certain
  serious crimes, courts file a report with the
  school superintendent and notify the
  superintendent of the cases result.
  16.1-305.1

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More on Juvenile and Criminal
Court Records

• WHAT DOES ALL THIS MEAN? Other than in the
  situations just listed, NO ONE can get access to
  juvenile court records. If families are
  careful, they can be protected from eviction from
  public housing, and from unwarranted attention at
  school and in the community. DO NOT tell public
  housing authorities, or anyone who can put your
  family at risk, about your childs juvenile
  offense. Certain entities (churches, nonprofits,
  treatment facilities) can help, but BE CAREFUL
  who you tell and who you give your records to.
  Also, school disciplinary records are NOT
  accessible to the public.
• Circuit Court (criminal) records are public
  information.
• Expungement and Destruction of Records
• Juveniles found innocent, or who have had their
  case dismissed, may file a motion requesting
  destruction of all records about that charge.
  Upon expungement, the crime will be treated as
  if it never occurred. 16.1-306. Juvenile court
  records are also automatically destroyed each
  year for juveniles who have turned 19 years old,
  if 5 years have elapsed since the last hearing.
  If the juvenile was found guilty of a vehicle
  crime (except parking), destruction occurs when
  the juvenile turns 29. However, police records
  are not destroyed at these times. Ask
  JustChildren how you can get involved to help.

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More on Juvenile and Criminal Court Records

• Expungement and Destruction of Records,
  continued
• If a person tried in Circuit (criminal) Court is
  acquitted, successfully pleads not guilty, has
  their case dismissed, or gets an absolute pardon,
  s/he may file a petition requesting
  expungement. If expungement occurs, they may
  deny the existence of the arrest, and employers,
  educational institutions, and occupational
  licensing authorities may not ask about expunged
  arrests. 19.2-392.4.

30
The Effects of a Juvenile or Criminal Record,
continued

• Former offenders face many barriers after theyve
  served their time
• Public School Many public schools try to keep
  former offenders out of school even after they
  have served time. A juvenile must wait until
  their suspension or expulsion ends, but all
  students have the right to re-enroll.
• Driving Privileges Virginia revokes or suspends
  drivers licenses for driving under the influence
  (DUI) and drug-related convictions. In certain
  situations like child visitation, employment, and
  attendance of rehab programs, a restricted
  license can be obtained. VA Code Annotated
  18.2-271 and 46.2-390.1.

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The Effects of a Juvenile or Criminal Record,
continued

• Employment Employers can consider arrests and
  convictions. Employers are free to deny
  employment for that reason.
• College Admission and Student Financial Aid
  Many colleges ask applicants whether they have
  been in any school or court disciplinary
  proceeding. Typically, saying yes will not
  prevent acceptance into college, but denying the
  truth can lead to a denial of admission. Federal
  financial aid is denied to students who are
  convicted of drug-related offenses while they are
  receiving such aid.
• Military Service Each branch of the U.S.
  Military has its own requirements for enlisting
  people with juvenile and criminal records.
• Voting Rights All Virginia citizens on
  probation or parole, or who are incarcerated, are
  ineligible to vote. VA Constitution, Article. 2,
  1.

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The Effects of a Juvenile or Criminal Record,
(continued)

• Public Benefits, Housing, and Food Stamps
  People with drug-felony convictions dated after
  1996 are ineligible to receive TANF (welfare) and
  food stamps. 63.1-25.2 and -86.1. There are
  various bans on public housing residence
  depending on the type of offense.
• Inability to Adopt or Formally Foster Children
  There is a bar against adopting and fostering
  children for several offenses (child abuse and
  neglect and violent, sexual and drug-related
  crimes, including juvenile felonies). Some
  misdemeanor offenders may adopt or foster if 10
  years have passed since the conviction.
  63.1-198.1.

33
The Effects of a Juvenile or Criminal Record,
(continued)

• Sex Offenders Anyone convicted or found
  delinquent of a sex offense on or after July 1,
  1994, must register and re-register in the VA Sex
  Offender and Crimes Against Minors Registry.
  9.1-902. 9.1-901.
• Restoration of Lost Privileges Virginia
  offenders may apply to have certain civil rights
  that are lost upon a felony conviction (the right
  to vote, hold public office, or serve on a jury)
  restored after completion of their sentence.
  Restoration of rights is granted about 60 to 100
  times per year. Pardons are theoretically
  available, but none have been granted since
  January 2002. -Legal Action Center telephone
  Interview with Pattie Tucker, Director of
  Extraditions and Clemency, Secretary of the
  Commonwealth of Virginia (August 15, 2002).
  53.1-229 and -231.1.

34
So, are there any signs of progress with juvenile
reentry in Virginia?
35
Signs of Progress

• Trial in Juvenile Court for Subsequent Offenses
  In the 2007 General Assembly session, the Once
  an adult, always an adult law was changed! Now,
  if a young person is tried in Circuit Court and
  not convicted, s/he can be the subject of a
  juvenile court case again, instead of having to
  be tried in adult court for new offenses. (House
  Bill 3007)

36
Signs of Progress, (continued)

• JustChildrens new Reentry Program
• Meetings are under way between JustChildren and
  Richmond city officials, public agencies, and
  private parties about better reenrollment
  policies and a best practices model.
• JustChildrens report on the state of Richmonds
  juvenile reentry situation will be released
  shortly.
• JustChildren is now taking clients for reentry
  assistance. These youth must be returning to
  Richmond or its surrounding counties.
• Meetings are under way between community and
  religious leaders and JustChildren, to discuss
  collaborations for juvenile justice advocacy.

37
What can I do?

• Be a supportive, active/activist,
• well-informed person in your incarcerated
• loved ones life. Demand successful reentry for
  them.
• Spread the word about what you learn here.
• Vote for politicians who represent your
  interests. Encourage your family and friends to
  vote, as well.
• Become involved in community efforts to improve
  juvenile and criminal justice laws and practices
  (FAVY, JustChildrens organizing network, church
  ministries, activist organizations).

38
What can I do? (continued)

• Organize, or help community leaders to organize,
  an Expungement Day in your community.
• Write your city councilman/woman, mayor,
  delegate, state senator, public agency officials,
  or U.S. Congressperson/Senator.
• Go on the internet and investigate national
  juvenile justice reform organizations / efforts.
  Ask them how you can help. (See workshop
  presenter for more information).

39
What can I do? (continued)

• And remind everyone that SUCCESSFUL REENTRY
  PUBLIC SAFETY!!!!!!!!!!!!!!

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For more information, contact

• JustChildren
• A Program of the Legal Aid Justice Center
• 123 E. Broad St.
• Richmond, VA 23219
• [phone]
• And take one of the presenters cards!

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We are, after all, a COMMUNITY